- 1 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107584 OF 2025 (CS-EL/M) BETWEEN: 1. KEDARI S/O. BHARMA PATIL AGE. 81 YEARS, OCC. BUSINESS, R/O. NOW #900, 4TH CROSS, RAM NAGAR, BELAGAVI 590010, DISQUALIFIED VOTER LIST S.L NO. 5, MEMBERSHIP NO.21 2. CHANDRALEKHA D/O. ANNAPPA SHEDBAL AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. NOW PLOT NO. 98, APMC ROAD, SANGAMESHWAR NAGAR, BELAGAVI 590010, DISQUALIFIED VOTER LIST SL NO. 37, MEMBERSHIP NO. 127 3. SMT. SANGUTAI W/O. YALLAPPA KATTIMANI AGE. 73 YEARS, OCC. RETIRED GOVT SERVICE, R/O. NOW 2504, SECTOR NO. 12, MALMARUTI EXTENSION, BELAGAVI 590016, DISQUALIFIED VOTER LIST S.L.NO.8, MEMBERSHIP NO. 27 4. SUVARNA W/O. KALLANGOUDA ALAGAWADI, AGE. 65 YEARS, OCC. GOVT. SERVICE, R/O. H.NO. 5, VACCINE INSTITUTE QUARTER, 2ND RAILWAY TILAKWADI, BELAGAVI 590006, DISQUALIFIED VOTER LIST SL.NO.39, MEMBERSHIP NO. 154, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 BENEFIT OF THE SENIOR CITIZENSHIP IS NOT CLAIMED SO FAR AS IT RELATES TO THE SENIOR CITIZENS ARE CONCERNED 5. SUVARNA D/O. ANNAPPA SHEDBAL AGE. 53 YEARS, OCC.HOUSEHOLD R/O. NOW PLOT NO. 98, APMC ROAD, SANGAMESHWAR NAGAR, BELAGAVI 590010, DISQUALIFIED VOTER LIST SL NO. 25, MEMBERSHIP NO. 81 …PETITIONERS (BY SRI. VITTHAL S TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, BENGALURU 580001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC, BUILDINGS, BENGALURU 560002, REPRESENTED BY ITS COMMISSIONER 3. THE ELECTION OFFICER BELAGAVI FOR BELAGAVI AND CHIKKODI SUB DIVISION, BELOW TALUKA LEVEL AREA OF OPERATION OF ALL TYPES OF PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, BELAGAVI, DIST. BELAGAVI. 4. THE RETURNING OFFICER THE MODEL CO OPERATIVE HOUSING SOCIETY, - 3 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 BELAGAVI, CTS NO. 1861, RS NO. 40, 41, 42A AND 43, SANGAMESHWAR NAGAR, KANGRALI KH, BELAGAVI PIN 590010, AND ASSISTANT DEVELOPMENT OFFICER, RAIBAG DEVELOPMENT OFFICER, RAIBAG. 5. THE MODEL CO OPERATIVE HOUSING SOCIETY BELAGAVI, CTS NO. 1681, RS NO. 40, 41, 42A AND 43, SANGAMESHWAR NAGAR, KANGRALI KH, BELAGAVI PIN-590010 REPRESENTED BY ITS HONORARY SECRETARY. …RESPONDENTS (BY SRI. SHIVARAJ P. MUDOL, ADVOCATE FOR R5; SMT. NANDINI SOMAPUR, AGA FOR R1, R2 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: I. ISSUE A WRIT OF APPROPRIATE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AND TO PERMIT THE PETITIONERS TO CASE THEIR RESPECTIVE VOTES IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 5TH RESPONDENT SOCIETY SCHEDULE TO BE HELD ON 26.10.2025 AS PER THE CALENDAR OF EVENTS DATED 27.09.2025 PUBLISHED BY THE 4TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. II. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 5TH RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7th June 2022. The Coordinate Bench of this Court held as follows: “8. In the light of these rival submissions, the question for consideration is: Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners. 9. The provisions of Rule 13-D (2-A) of the Rules read as hereunder: (3) The Election Officer shall take steps for publication of voters list in the following manner, namely:- (a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days; (b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election; - 5 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 (c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election. (d) for publication of final eligible voters list before fifteen clear days prior to the date of election. The underlining is by this Court. 10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are 1 This Public Notice reads as follows: ¸ÀAWÀzÀ ¨ÉʯÁ wzÀÄÝ¥Àr DzÉñÀ ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï-16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉʯÁ wzÀÄݪÀrAiÀÄ£ÀÄß D£ÀĪÉÆâ¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ. ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉƧ®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀĪÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉƼÀUÉ ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀĪÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀĪÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ. vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀĪÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ «µÀAiÀĪÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ. - 6 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices. 11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows: ‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society. 12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed - 7 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 by an order of this Court, and once the result of the election is declared, it would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal. 12. It follows from this decision that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act2. However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co- operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the 2 70. Disputes which may be referred to Registrar for decision.- (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,— (a) xxxxxxxxx (2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:— (a). XXXXXXXXXXX (b). XXXXXXXXXXXXX (c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society. - 8 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record. Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.” 2. Learned counsel would submit that, if the same order is passed, it would suffice in this case also. 3. In that light, the writ petition is disposed calling upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners. All the contentions are left open for consideration in appropriate proceedings, if commenced. 4. The learned counsel for the petitioner would vehemently contend that there is violation of Section 13D of the Act as notices are admittedly not served upon these petitioners. It is needless to observe that the same ground can be urged before the authority while calling in question the elections that - 9 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 are held. As the elections are now over, counting is over, what remains is declaration of results. 5. In the light of the said circumstances, the results are directed to be declared and the petitioners are now at liberty to avail of such remedy as available in law as is directed by the Co- ordinate Bench quoted supra. 6. All other contentions shall remain open to be urged before the appropriate authority. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 0 - 10 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [KEDARI S/O BHARMA PATIL AND OTHERS VS. THE STATE OF KARNATAKA AND OTHERS] 10.12.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER ON “BEING SPOKEN TO” This Court on 03.12.2025 had passed the order following the judgment of the Co-ordinate Bench which directs the parties to approach the Assistant Registrar of Co-operative Societies under Section 70 of the Karnataka Co-operative Societies Act, once elections were over. The learned counsel for the petitioner has now filed a memo for being spoken to on the score that there is an inadvertent omission in not making an observation with regard to non-counting of the votes that are now kept, as there is complete compliance with Rule 13D of the Karnataka Co- operative Societies Rules. The learned counsel places on record a notice, an illustration of how the notice is issued with striking off the - 11 - HC-KAR NC: 2025:KHC-D:17200 WP No. 107584 of 2025 portion of the AGM itself. Therefore, the learned counsel submits that the very notice issued is completely contrary to Rule 13D of the Rules. If this Court has permitted the petitioners to approach the Assistant Registrar of Co-operative Societies on all counts, even the aforesaid count should be considered by the Assistant Registrar of Co-operative Societies. The learned counsel also relies upon the judgment of the Co-ordinate Bench in W.P. No.27139/2024 and connected cases disposed on 13.10.2025 and submits that the said judgment is distinguishable in the light of the fact that the notice being contrary to law. It is only the aforesaid observation that would merit in the case at hand. The subject order shall be treated as a part and parcel of the earlier order. Ordered accordingly. Sd/- ( M.NAGAPRASANNA) JUDGE Rsh List No.: 1 Sl No.: 2